HomeMy WebLinkAboutItem 06.mLakeville
March 27, 2013
Item No.
APRIL 1, 2013 CITY COUNCIL MEETING
SUMMERLYN 1 ST ADDITION FINAL PLAT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving
the final plat of Summerlyn 1 st Addition.
Adoption of this motion will allow the development of 36 single family residential lots.
Overview
U. S. Home Corporation (DBA Lennar) has submitted an application and plans for the final plat
of 36 single family lots to be known as Summerlyn 1 st Addition. The property is located west
of Holyoke Avenue, north of 194th Street and east of Dodd Boulevard (CSAH 9). Summerlyn 1 st
Addition represents the first phase of the 139 lot Summerlyn preliminary plat approved by
the City Council on November 19, 2012.
Planning Department, Engineering Division and Parks and Recreation Department staff
recommend approval of the Summerlyn 1 st Addition final plat.
Primary Issues to Consider
Is the final plat consistent with the preliminary plat? The first phase final plat is consistent with
the approved preliminary plat.
Supporting Information
• Resolution approving the final plat.
• Signed development contract.
• Signed Warranty Deed.
• Planning and engineering reports dated March 14, 2013.
AAA 11y2jA4
Frank Dempsey, AICP, As ociate tanner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances
Notes:
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE FINAL PLAT OF SUMMERLYN 1 ST ADDITION
WHEREAS, the owner of the property described as SUMMERLYN 1 ST ADDITION has
requested final plat approval; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. SUMMERLYN 1 ST ADDITION final plat is approved subject to the developer's
execution of the development contract and security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract
and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the
Dakota County Recorder.
DATED this 1 ' day of April 2013
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
STATE OF MINNESOTA)
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a
duly authorized meeting thereof held on the 1 st day of April 2013 as shown by the
minutes of said meeting in my possession.
Charlene Friedges
City Clerk
(SEAL)
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
4
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SUMMERLYN 1 ST ADDITION
CONTRACT dated , 2013, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation ( "City "), and U.S. HOME CORPORATION, a Delaware corporation
d /b /a LENNAR (the "Developer ")
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for Summerlyn 15t Addition (referred to in this Contract as the "plat "). The land is situated in the County of
Dakota, State of Minnesota, and is legally described on Exhibit A attached hereto and made a part hereof
by reference.
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the
County Recorder or Registrar of Titles within 100 days after the City Council approves the final plat.
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security
has been received by the City, and 3) the necessary insurance for the Developer and its construction
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contractors has been received by the City. In addition, the City will not issue a permit for more than one
structure until the plat is filed with the office of the Dakota County Recorder or Registrar of Titles.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi - phased preliminary plat, the
City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract
and the breach has not been remedied. Development of subsequent phases may not proceed until
Development Contracts for such phases are approved by the City. Park charges referred to in this Contract
are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for
future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are
final platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi - phased preliminary plat,
the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into
lots and blocks, not outlots, within four (4) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For four (4) years from the date of this Contract,
no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer's approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
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and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are: .
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11 -16 -7 of the
City Code concerning erosion and drainage and Section 4 -1 -4 -2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o'clock p.m. and 7 o'clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
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engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify that the construction work meets the approved City standards
as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part -time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors. The Developer's engineer shall provide for on -site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or its engineer shall schedule a pre- construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the
program for the construction work. Within thirty (30) days after the completion of the improvements and
before the security is released, the Developer shall supply the City with a complete set of reproducible "as
constructed" plans and an electronic file of the "as constructed" plans in an AutoCAD.DWG file or a .DXF
file, all prepared in accordance with City standards.
In accordance with Minnesota Statutes 505.02, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer's surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS /SUBCONTRACTORS. City Council members, City employees, and
City Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights -of -Way
B. MnDot for State Highway Access
C. MnDot for Work in Right -of -Way
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D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to
perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all
applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations
permits shall also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements
by November 30, 2013, with the exception of the final wear course of asphalt on streets. The final wear
course on streets shall be installed between August 15th and October 15th the first summer after the base
layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an
extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security
posted by the Developer to reflect cost increases and the extended completion date. Final wear course
placement outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City or Dakota County Soil and
Water Conservation District. The City or Dakota County Soil and Water Conservation District may impose
additional erosion control requirements if they would be beneficial. All areas disturbed by the grading
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operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in
accordance with the City's current seeding specification which may include temporary seed to provide
ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as
necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion
control plan and schedule or supplementary instructions received from the City or the Dakota County Soil
and Water Conservation District, the City may take such action as it deems appropriate to control erosion.
The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to
do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not
reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw
down the letter of credit to pay any costs. No development, utility or street construction will be allowed and
no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan "B ". The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except
three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the
City with an "as constructed" grading plan certified by a registered land surveyor or engineer that all storm
water treatment/infiltration basins and swales, have been constructed on public easements or land owned
by the City. The "as constructed" plan shall include field verified elevations of the following: a) cross
sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands,
wetland mitigation areas if any, locations and dimensions of borrow areas /stockpiles, and installed
"conservation area" posts; and c) lot corner elevations and house pads, and all other items listed in City
Code Section 10- 3 -5.NN. The City will withhold issuance of building permits (except one model home
permit) until the approved certified grading plan is on file with the City and all erosion control measures are
in place as determined by the City Engineer. The Developer certifies to the City that all lots with house
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footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G
specifications. The soils observation and testing report, including referenced development phases and lot
descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the
City to guarantee compliance with the erosion control and grading requirements and the submittal of an
as -built certificate of survey. Prior to the release of the required individual lot grading and erosion control
security that is submitted with the building permit, an as -built certificate of survey for single family lots must
be submitted to verify that the final as -built grades and elevations of the specific lot and all building
setbacks are consistent with the approved grading plan for the development, and amendments thereto as
approved by the City Engineer, and that all required property monuments are in place. If the final grading,
erosion control and as -built survey is not timely completed, the City may enter the lot, perform the work,
and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control
and as -built survey, the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City.
A certified as -built building pad survey must be submitted and approved for commercial, industrial
or institutional developments prior to issuance of a building permit.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION AND CONSTRUCTION OBSERVATION. The
Developer shall pay a fee for in -house engineering administration. City engineering administration will
include monitoring of construction observation, consultation with Developer and its engineer on status or
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problems regarding the project, coordination for final inspection and acceptance, project monitoring during
the warranty period, and processing of requests for reduction in security. Fees for this service shall be
three percent (3 %) of construction costs identified in the Summary of Security Requirements if using a
letter of credit, assuming normal construction and project scheduling. The Developer shall pay for
construction observation performed by the City's in -house engineering staff or consulting engineer.
Construction observation shall include part or full time inspection of proposed public utilities and street
construction and will be billed on hourly rates estimated to be seven percent (7 %) of the estimated
construction cost.
19. STORM SEWER AREA CHARGE. Development of Summerlyn 1st Addition includes
public storm sewer construction. Storm sewer will be installed within the subdivision to collect and
convey stormwater runoff generated from within the public right -of -way and lots to the public stormwater
basins located within Outlots A, B, and C, Summerlyn 1st Addition.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and will be
paid with the final plat at the current rate in effect at the time of final plat. The Trunk Storm Sewer Area
Charge is calculated as follows:
Gross Area of Summerlyn 1 st Addition
Less Area of Outlot A (Public Stormwater Basins)
Less Area of Outlot B (Public Stormwater Basins)
Less Area of Outlot C (Public Stormwater Basins)
Less Area of Outlot E (Public Parkland)
Less Area of Outlot F (Future Residential Development)
Less Area of Outlot G (Future Residential Development)
Less Area of Outlot H (Wetland Complex)
Less Area of Holyoke Avenue Right -of -Way
Total
686,686 s.f. x $0.167/s.f. _ $114,676.56
Net Area of Summerlyn 1s Addition Area Charge Total
1,742,295 s.f.
(-) 20,778 s.f.
(-) 57,967 s.f.
(-) 292,843 s.f.
(-) 116,473 s.f.
(-) 37,813 s.f.
(-) 376,691 s.f.
(-) 81,290 s.f.
( -) 71,754 s.f.
= 686,686 s.f.
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots A,
B, C and H to the City, consistent with City policy. The credit is based on the area of the outlots, and is
calculated at the rate of $5,500.00 per acre, and will be applied to the Summerlyn 1s Addition final plat
cash fees. The credit is calculated as follows:
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10.40 acres x $5,500 /acre = $57,200.00
Total Area of Outlots A, B, C & H Per Acre Credit Total
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER AVAILABILITY CHARGE. Development of Summerlyn 1 St Addition
includes public sanitary sewer construction. Eight inch sanitary sewer will be extended within the subdivision
from existing sanitary sewer stubs to provide service to the proposed lots.
The Sanitary Sewer Trunk Area Charge was previously assessed to the parent parcels and has
been paid and therefore there is no sewer availability charge.
21. WATERMAIN. Development of Summerlyn includes public watermain construction. Eight
inch watermain will be extended within the subdivision from existing watermain stubs to provide service
to the proposed lots.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the final construction plans. In association with MnOPS requirements, utility hook -ups for
buildings within Summerlyn 1St Addition will not be permitted until the as -built electronic files have been
submitted and approved by City staff.
22. FUTURE UPGRADE OF HOLYOKE AVENUE. A cash fee for the future upgrade of
Holyoke Avenue will be collected with the final plat for the length of the plat being final platted into lots
and blocks adjacent to Holyoke Avenue. The fee is calculated as follows:
1070.96 f.f. x $72.00/ f.f. = $77,109.12
Front Footage Along Holyoke Avenue Holyoke Avenue Assessment Rate Total
23. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public
utility installation and street construction is restricted to access the subdivision via 194 Street at Hazel
Nut Avenue. No construction traffic is permitted on the adjacent local streets.
24. PARK DEDICATION, TRAILS AND SIDEWALKS. The City's Parks, Trails and Open
Space Plan designates the Summerlyn 1" Addition final plat area as the location for a park as well as a
greenway corridor trail adjacent to the wetland that bisects Summerlyn 1 St Addition. The park area is
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contiguous to land that was previously deeded to the City for park area with the Donnelly Farm
development. The Park Dedication requirement has not been collected on the parent parcels and will be
satisfied through a combination of land dedication and cash contribution, as identified in the Summerlyn
preliminary plat City engineering staff report dated November 1, 2012, that must be paid with each final
plat phase based on the park dedication fee in effect at the time of final plat.
The land dedication requirement for subdivisions with a gross density less than 3.0 lots /acre is
12 %. The land dedication and cash contribution requirements are estimated as follows:
Gross Area of Summerlyn Preliminary Plat 75.33 Acres
Less Area of Delineated Wetlands ( -) 6.63 Acres
Less Area of Dodd Blvd. R/W Dedication HIM Acres
Total Buildable Area 67.07 Acres
Land Dedication Requirement (12 %) 8.05 Acres
The Developer shall dedicate 2.67 acres as park area in Outlot E, Summerlyn 1st Addition and
shall receive park area credits for this dedication. This area satisfies 33.17% (2.67 acres /8.05 acres) of
the park dedication requirement. The remaining balance of the park dedication must be collected with
future final plat phases.
The Developer shall grade Outlot E consistent with the approved grading plan when other
portions of park land are deeded to the City with future phases consistent with the approved preliminary
plat.
Development of Summerlyn 1" Addition includes the construction of public bituminous trails and
public concrete sidewalks. Five foot wide concrete sidewalks must be constructed along one side of all
local streets except for the cul -de -sac Hudson Court and along Hillcrest Avenue southwest of Huntington
Avenue where the sidewalk must be constructed along both sides of the roadway. All sidewalks shall be
constructed at 100% developer cost. An eight foot wide bituminous trail must be constructed along the
west side of Holyoke Avenue between 194 Street and 193` Street. Future bituminous trails shall be
constructed north of 193r Street and through the greenway corridors in Outlots C and E, consistent with
the City's Parks, Trails and Open Space Plan. The Developer is responsible for 100% of grading and
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restoration for the bituminous trails. The Developer shall pay a cash escrow for the Developer's 5/8`
portion of the trail construction cost for the future trail north of 193` Street, consistent with City policy.
The escrow will be based on an estimate provided by the Developer's engineer and will be applied to the
Summerlyn 1 Addition final plat cash fees.
The cash fee for the construction of the Holyoke Avenue trail north of 193r Street is calculated as
follows:
$2,755.00 x 5/8 = $1,721.88
Total Estimated Cost Developer's Trail Total
for Trail Construction Along Holyoke Avenue Cost Portion
North of 193` Street
The developer shall receive a credit for the construction of the Holyoke Avenue trail between 194
Street and 193` Street calculated as follows:
$19,456.00 x 3/8 = $7,296.00
Total Estimated Cost City's Trail Total
for Trail Construction Cost Portion
Along Holyoke Avenue
From 194 Street to 193'
Street
The balance due the City for park dedication and trail improvements is calculated as follows:
Holyoke Ave. future trail Improvements north of 193` Street $ 1,721.88
Less credit for Holyoke Ave. trail improvements between 194
and 195 Streets ( -) $ 7,296.00
Balance = ($5,574.12)
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. A cash fee for
traffic control signs in the amount of $2,950.00 must be paid at the time of final plat approval, which
includes five street and stop combination signs and twelve 9- button delineator signs. If the street posts
are installed in frost conditions, the Developer must pay an additional $150.00 at each street post
location. A cash fee for one -year of streetlight operating expenses must also be paid at the time of final
plat approval and is calculated as follows:
36 units x $7.80 /unit /qtr. x 4 gtrs. = $1,123.20
Dwelling Units Streetlight Operating Fee Total
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26. SURFACE WATER MANAGEMENT UTILITY FEE. A cash fee for one -year of surface
water management expenses must be paid at the time of final plat approval and is calculated as
follows:
36 units x $7.00 /unit/qtr. x 4 qtrs. = $1,008.00
Dwelling Units Surface Water Management Fee Total
27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot
purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of
which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot
cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to
bug infestation or weak bark. The minimum deciduous tree size shall be two and one -half (2%) inches
caliper, balled and burlapped. Evergreen trees must be at least eight feet (8') tall. The trees may not be
planted in the right -of -way. The Developer or lot purchaser shall sod the front yard, boulevard, and side
yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be
planted within sixty (60) days after a home has received a certificate of occupancy. Before a building
permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance
with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may
enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion
of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned
to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good
quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for
twelve (12) months from the time of planting. The Developer or property owner is responsible for
contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent
(50 %) of the security will be released when all the landscaping has been installed and Inspected by City
staff and the remaining fifty percent (50 %) will be released one year after the landscaping inspection and
any warranty work has been completed.
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28. BUFFER YARD BERMILANDSCAPE SCREEN. Summerlyn 1St Addition is adjacent to
Holyoke Avenue, a major collector roadway. The final plat includes the installation of 40 new trees which
will act as a buffer for Lots 1 — 5, Block 5 abutting Holyoke Avenue. All trees shall be planted outside the
right of way. Before the City signs the final plat, the Developer must post a $13,750.00 security to
guarantee installation of the buffer yard landscaping. In addition, a $1,000 per lot escrow will be required
with each building permit for the five lots abutting Holyoke Avenue for the installation of sod in the rear
yards to the edge of the trail on the west side of Holyoke Avenue.
29. TREE PRESERVATION. The Summerlyn 1 St Addition final plat tree preservation plan
identified 91 significant trees within the boundaries of the site. There are no "save" significant trees within
the plat.
30. WETLAND RESTORATION. Before the City signs the final plat, the Developer shall post a
$5,000.00 security for wetland restoration. This security may be in the form of a letter of credit separate
from the primary development security or in the form of a non - interest bearing cash escrow with the City. If
the restoration area is found to be unsuccessful after the mandatory five -year warranty period, the City may
elect to keep the security to be used for this restoration project or for wetland restoration elsewhere within
the City. In addition, the City may draw down the security at any time during the warranty period if the
Developer fails to take corrective measures as directed by the City to perform the work recommended.
31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the March 14, 2013, engineering report.
B. Before the City signs the final plat, the Developer shall convey Outlots A, B, C, E and H to the
City by warranty deed, free and clear of any and all encumbrances.
C. The Summerlyn 1 St Addition development must comply with the following setback requirements:
Front
30 feet
Side Interior
10 feet
Side Corner
20 feet
Rear
30 feet
Buffer (Holyoke Avenue)
50 feet
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D. Driveway access for Lot 7, Block 4 and Lots 1 and 9, Block 5 shall be off of Huntington Avenue
only.
E. The Developer must obtain a sign permit from the City Building Official prior to installation of
any subdivision identification signs for the Summerlyn 1 5t Addition development. A
homeowners' association shall be responsible for the ownership and maintenance of the sign.
F. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $4,400.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 36 lots
and 8 outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's
land surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition, the certificate of survey must also include a certification that all irons
for a specific lot have either been found or set prior to the issuance of a building permit for that
lot.
G. The Developer shall pay a cash fee for the preparation of record construction drawings and City
base map updating. This fee is $75.00 per lot for a total charge of $3,300.00.
H. The Developer shall be responsible for the cost of street light installation consistent with a street
lighting plan approved by the City. Before the City signs the final plat, the Developer shall post
a security for street light installation consistent with the approved plan. The estimated amount
of this security is $10,500.00 and consists of two mast -arm street lights at $1,200.00 each and
nine (9) post -top street lights at $900.00 each.
I. The Developer is required to submit the final plat in electronic format. The electronic format
shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g.,
grading, utilities, streets) shall be in electronic format in accordance with standard City
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specifications. The Developer shall also submit one complete set of reproducible construction
plans on Mylar.
J. A temporary easement shall be obtained from the adjacent property owner for any grading
outside of the plat.
32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special
assessments, payment of the costs of all public improvements, and construction of all public
improvements, the Developer shall furnish the City with a cash escrow, letter of credit or alternate security,
in the form attached hereto, from a bank ( "security ") for $2,659,297.69, plus a cash fee of $67,613.24 for
City engineering administration. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A.
Sanitary Sewer
$ 149,901.75
B.
Watermain
226,947.50
C.
Storm Sewer
325,502.50
D.
Street Construction
484,009.60
E.
Erosion Control, Stormwater and Filtration Basins,
11,268.87
F.
Restoration, Grading and Grading Certification
1,067,413.50
G.
CONSTRUCTION SUB -TOTAL
$2,253,774.85
OTHER COSTS:
A.
Developer's Design (6.0 %)
$ 135,226.49
B.
Developer's Construction Survey (2.5 %)
56,344.37
C.
City Legal Expenses (Est. 0.5 %)
11,268.87
D.
City Construction Observation (Est. 7.0 %)
157,764.24
E.
Developer's Record Drawings (0.5 %)
11,268.87
F.
Wetland Restoration
5,000.00.
G.
Landscaping
13,750.00
H.
Street Lights
10,500.00
I.
Lot Corners /Iron Monuments
4.400.00
OTHER
COSTS SUB -TOTAL
$ 405,522.84
TOTAL SECURITIES:
$2,659,297.69
169172.0 15
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be
subject to the approval of the City Administrator. The City may draw down the security, on five (5) business
days written notice to the Developer, for any violation of the terms of this Contract or without notice if the
security is allowed to lapse prior to the end of the required term. If the required public improvements are not
completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down
without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of
proof satisfactory to the City that work has been completed and financial obligations to the City have been
satisfied, with City approval the security may be reduced from time to time by ninety percent (90 %) of the
financial obligations that have been satisfied. Ten percent (10 %) of the amounts certified by the
Developer's engineer shall be retained as security until all improvements have been completed, all financial
obligations to the City satisfied, the required "as constructed" plans have been received by the City, a
warranty security is provided, and the public improvements are accepted by the City Council. The City's
standard specifications for utility and street construction outline procedures for security reductions.
33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Future Upgrade of Holyoke Avenue $
B. Holyoke Ave. Future Trail Improvements North of 193` Street
C. Trunk Storm Sewer Area Charge
D. Traffic Control Signs
E. Street Light Operating Fee
F. Surface Water Management Utility Fee
G. City Base Map Updating
H. City Engineering Administration (3.00 %)
SUBTOTAL CASH REQUIREMENTS
CREDITS TO THE CASH REQUIREMENTS
Holyoke Avenue Trail Construction From 194 Street to
193` Street
Outlots A, B, C and H (Deeded to the City)
SUBTOTAL CREDITS TO CASH REQUIREMENTS
77,109.12
1,721.88
114,676.56
2,950.00
1,123.20
1,008.00
3,300.00
67.613.24
$ 269,502.00
$ 7,296.00
$ 57,200.00
$ 64,496.00
169172M 16
TOTAL CASH REQUIREMENTS
$ 205,006.00
34. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by City Council. The one year warranty period on streets shall commence
after the final wear course has been installed and accepted by the City Council. The Developer shall post
maintenance bonds in the amount of twenty -five percent (25 %) of final certified construction costs to
secure the warranties. The City shall retain ten percent (10 %) of the security posted by the Developer until
the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs.
The retainage may be used to pay for warranty work. The City's standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
35. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
169172.0 17
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more
lots, the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may
halt plat development and construction until the bills are paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate of eighteen percent (18 %) per year.
F. In addition to the charges and special assessments referred to herein, other charges and
special assessments may be imposed such as but not limited to sewer availability charges
( "SAC "), City water connection charges, City sewer connection charges, and building permit
fees.
36. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an
emergency as determined by the City, is first given notice of the work in default, not less than forty -eight
(48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the
City to seek a Court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
37. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
169172.0 18
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior
to issuance of any building permits, except three model homes on lots acceptable to the
Building Official. Approval of an administrative permit in compliance with Chapter 27 of the
City's zoning ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. The
Developer covenants with the City, its successors and assigns, that the Developer is well
seized in fee title of the property being final platted and /or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
169172.0 19
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. The Developer and contractor shall acquire public liability and property damage insurance
covering personal injury, including death, and claims for property damage which may arise out
of the Developer's work or the work of their subcontractors or by one directly or indirectly
employed by any of them. The insurance must be maintained until six (6) months after the City
has accepted the public improvements. Limits for bodily injury and death shall be not less than
$500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall
be not less than $200,000 for each occurrence; or a combination single limit policy of
$1,000,000 or more. The City shall be named as an additional insured on the policy on a
primary and noncontributory basis, and the Developer and contractor shall file with the City a
certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that
the City must be given ten (10) days advance written notice of the cancellation of the insurance.
J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
K. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the
Developer sells one or more lots, the entire plat, or any part of it.
L. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed
with the Building Official evidencing that the retaining wall was constructed in accordance with
169172.0 20
the approved plans and specifications. All retaining walls identified on the development plans
and by special conditions referred to in this Contract shall be constructed before any other
building permit is issued for a lot on which a retaining wall is required to be built.
38. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16305 36` Street North, Suite 600, Plymouth, Minnesota 55446. Notices to the City
shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by
certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195
Holyoke Avenue, Lakeville, Minnesota 55044.
[Remainder of Page Intentionally Left Blank.]
169172.0 21
CITY OF LAKEVILLE
(SEAL)
M
Matt Little, Mayor
Charlene Friedges, City Clerk
STATE OF MINNESOTA- )
( ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of ,
2013, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
NOTARY PUBLIC
169172.0 22
DEVELOPER:
U. S. HOME CORPORATION
d /b'- I CAIAI A
M
STATE OF MINNESOTA )
�E1n )ss.
COUNTY OF )
The for oing i strument was acknowledged before me this
2013, by the
U.S. Home oration, a Delaware corporation, alT/Ienna , o
NOTARY P�JBLIC
CAROLE TOOHEY ��--
° -; Notary Public
3 state of Minnesota
My Commission Expires
y ` January 31, 2017
DRAFTED BY:
CAMPBELL, KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651 - 452 -5000
RNK:cjh
aeA day of m ,
i� Yl4 of
169172.0 23
EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
SUMMERLYN 1 ST ADDITION
The North 656.70 feet of the South 1510.95 feet of the West % of the Northeast' /4 of Section 20,
Township 114, Range 20, Dalcota County, Minnesota.
and
The South 854.25 feet of the West Y2 of the Northeast Quarter of Section 20, Township 114, Range 20,
Dalcota County, Minnesota, except that pail of the Southwest Quarter of the Northeast Quarter of Section
20, Township 114, Range 20, Dalcota County, Minnesota, lying southeasterly and southerly of the
following described line and its easterly extension: Commencing at the Southeast corner of said
Southwest Quarter of the Northeast Quarter; thence North 89 degrees 57 minutes 36 seconds West,
assumed bearing, along the South line of said Southwest Quarter of the Northeast Quarter, a distance of
783.41 feet to the point of beginning of the line to be described; thence North 51 degrees 25 minutes 56
seconds East, 21.72 feet; thence northeasterly 187.32 feet, along a tangential curve, concave to the
northwest, having a radius of 410.00 feet, and a central angle of 26 degrees 10 minutes 39 seconds; thence
northeasterly 555.31 feet, along a reverse curve, concave to the southeast, having a radius of 490.00 feet,
and a central angle of 64 degrees 55 minutes 58 seconds; thence South 89 degrees 48 minutes 45 seconds
East, tangent to said last described curve, 207.84 feet to the East line of said Southwest Quarter of the
Northeast Quarter and said line there terminating.
169172.0 24
BWSR Form A -1
(Above Space is Reserved for Recording Information)
Minnesota Wetland Conservation Act
Declaration of Restrictions and Covenants for Project- Specific
Wetland Replacement
Replacement Wetland Declarant:
General Location of Replacement: Sec. , Twp. , Rge. , County of
This Declaration of Restrictions and Covenants for Project- Specific Wetland Replacement
Wetland (Declaration) is made this day of by the undersigned Declarant:
RECITALS
A. The Declarant holds the fee title or perpetual easement on the real property described in
Exhibit A, attached hereto.
B. This real property is the site of a Replacement Wetland, as defined in Minnesota Rules
8420.0111, subp. 60. Exhibit B, attached hereto, is a map or survey of the subject Replacement
Wetland.
C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes
section 103G.222.
D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Statutes section 103G.222 et se q., and all other provisions of law that apply to
wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the
Replacement Wetland, pursuant to Minnesota Rules 8420.0420.
E. The Local Government Unit (LGU) charged with .approval of the Replacement Plan is
whose address is
Oforna -1 (April 1997)
169172v1
BWSR Form A -1
F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and
Rules currently in effect and as amended or renumbered in the future.
RESTRICTIONS AND COVENANTS
The Declarant makes the following declaration of restrictions and covenants for the Replacement
Wetland. These restrictions and covenants shall run with the land, and bind Declarant, and Declarant's
heirs, successors, and assigns:
1. The Declarant shall maintain a Replacement Wetland of the size and type specified in the
replacement plan approved by the LGU and on file at the offices of the LGU. Declarant shall not make
any use of the Replacement Wetland that would adversely affect the functions or values of the wetland
as determined by Minnesota Rules 8420.0522, and as specified in the replacement plan.
2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement of
the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board of
Water and Soil Resources may deem necessary to comply with the specifications for the Replacement
Wetland in the approved replacement plan. -
3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of
the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection,
monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands
described to the general public.
4. Declarant represents that he or she has a fee simple or easement interest in the land on
which the Replacement Wetland is or will be located. Declarant represents that he or she has obtained
the consent of all other parties who may have an interest in the land on which the Replacement Wetland
is or will be located to the creation of the restrictions and covenants herein, and that, all such parties
have agreed in writing to subordinate their interests to these restrictions and covenants, pursuant to the
attached Consent and Subordination Agreement(s).
5. Declarant shall record or file this Declaration, pay all costs associated with recording or
filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to a
replacement plan, such proof shall be provided to the LGU before proceeding with construction of the
Replacement Wetland.
6. Acknowledge that this Easement shall be unlimited In duration, without being re- recorded.
This Easement shall be deemed to be a perpetual conservation easement pursuant to Minn. Stat. ch. 84C.
7. If the replacement plan approved by the LGU and on file at its offices requires the
establishment of areas of native vegetative cover, the term "Replacement Wetland" as used in this
Declaration shall also include the required areas of permanent vegetative cover, even if such areas are
not wetlands. All provisions of this Declaration that apply to the Replacement Wetland shall apply
equally to the required areas of native vegetative cover. In addition, the Declarant:
(a) Shall comply with the applicable requirements of Minnesota Rules 8420.0526;
(b) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on areas
specified in the replacement plan for native vegetative cover, including any necessary planting
a9(orm.a -1 (April 1997)
IG9172v1
BWSR Form A -1
and replanting thereof, and other conservation practices, in accordance with the replacement
plan;
(c) Shall not produce agricultural crops on the areas specified in the replacement plan;
(d) Shall not graze livestock on the areas specified in the replacement plan or;
(e) Shall not place any materials, substances, or other objects, nor erect or construct any type of
structure, temporary or permanent, on the areas specified in the replacement plan, except as
provided in the replacement plan;
(f) Shall, at Declarant's cost, be responsible for weed control by complying with noxious weed
control laws and emergency control of pests necessary to protect the public health on the areas
specified in the replacement plan; and
(g) Shall comply with any other requirements or restrictions specified in the replacement plan,
including, but not limited to, haying, mowing, timber management or other vegetative alterations
that do not enhance or would degrade the ecological functions and values of the replacement
site.
8. This Declaration may be modified only by the joint written approval of the LGU and the
State of Minnesota through the Minnesota Board of Water and Soil Resources. If the Replacement
Wetland has been used to mitigate wetland losses under the Federal Water Pollution Control Act, the
U.S. Army Corps of Engineers (or successor agency) must also agree to the modification in writing.
Such modification may include the release of land contained in the legal description above, if it is
determined that non - wetland areas have been encumbered by this Declaration, unless the approved
replacement plan designates these non - wetland areas for establishment of permanent vegetative cover.
9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of
Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable
attorneys fees from Declarant in any action to enforce this Declaration. The right to enforce the terms of
this Declaration is not waived or forfeited by any forbearance or failure to act on the part of the State or
LGU. If the subject replacement area is to be used partially or wholly to fulfill permit requirements under
the Federal Water Pollution Control Act or a federal farm program, then the provisions of this Declaration
that run to the State or the LGU may also be enforced by the United States of America in a court of
competent jurisdiction.
10. This Declaration must be recorded and proof of recording submitted to the LGU or other
regulatory authority in order to be valid.
Sign
at e Declarant
Signature of Declarant
alorna -1 (Aphi 1997)
169172vl
BWSR Form A -1
STATE OF MINNESOTA
) ss.
COUNTY OF kn fl)o )
This instrument was acknowledged before me on Z ate) by ( ) of person(s),
`(Signature of (Notaria fficer)
CAROLE MOZY
°; Notary Public
(Title) Q m State of Minnesota
y � My Commission Expires
My commission expires� January 31 , 2017
Attachments: [ ] Exhibit A (legal description)
[ ] Exhibit B (map or survey of Replacement Wetland)
This instrument drafted by:
aAform.a -1 (April 1997)
169172v1
BWSR Form A -I
STATE OF MINNESOTA
COUNTY OF 1 1
MINNESOTA WETLAND CONSERVATION ACT
AFFIDAVIT OF LANDOWNER(S)
(SS.
(,A�n AOU-) , the Affiant herein, being first duly
sworn, depose d says:
Affiant is the owner of land described as follows, to -wit:
(see attached legal description in Declaration)
2. Affiant is well- acquainted with the above - described land.
3. As of /9Off -h r " , 2 _ no persons were in possession of or claiming title to said
land other than Affiant.
4. There have been no improvements made during the one hundred twenty (120) days prior to the
above date for which any mechanics' liens might have arisen.
5. All taxes and assessments levied against the property have been paid when due, and such
property is free and clear of any tax lien except for current taxes not yet due or not yet delinquent.
6. No lien for unpaid income taxes has been filed or is outstanding against the property.
7. The land described above is free of all mortgages, easements, liens and other encumbrances
except as specified on the attached Form A -2 (Consent to Replacement Wetland).
8. No judgment or decree has been entered against Affiant that remains unsatisfied.
9. Affiant has not filed a bankruptcy petition nor had one filed against him under Title 11 of the
United States Code.
Further your Affiant sayeth not.
StWscribed nd sworn to before me
this ay of rW�2
Notary Public
AG:962 v1
CAROLS 100111
Notary Public
$ State of Minnesota
My Commission Expires
January 31 , 2017
aMorm.a - 1 (April 1997)
169172v1
BWSR Form A -2
CONSENT TO REPLACEMENT WETLAND
WHEREAS,
following lands:
[Insert same legal description from Replacement Wetland
Declaration]
AND WHEREAS, the undersigned,
pursuant to:
Mortgage
Utility Easement for utility line or pipeline
which runs through the Replacement Wetland
Drainage Easement for ditch, tile line or other
drainage system which runs through the
Replacement Wetland
Contract for Deed
Lien
Other (specify)
has an interest in the land
which document is dated , and was recorded on in
the Office of the County Recorder for Dakota County, in Book , Page , as Document No.
: and
WHEREAS, the fee owner or Landowner as defined in Minn. Rules part 8420.0110, subp. 29
intends to restore or create a Replacement Wetland under Minn. Stat. sec. 103G.222 and Minn. Rules part
8420.0530 or Minn. Rules part 8420.0740, upon the land described above.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, the
undersigned hereby consents to the creation or restoration of the Replacement Wetland. The
undersigned acknowledges that its Interest in the land on which the Replacement Wetland is located shall
be subject to all federal, state and local laws and regulations regarding wetlands, including the Declaration
of Restrictions and Covenants for Replacement Wetland that is attached hereto.
aMorm.a -2 (April 1997)
is the fee owner(s) of the
Page 1 of 2
BWSR Form A -2
IN TESTIMONY WHEREOF,
day of
the
of the undersigned, has executed this document this
Title
STATE OF MINNESOTA
ACKNOWLEDGEMENT
COUNTY OF ( ss.
by The foregoing instrument was acknowledged before me this day of
Notary Public
Notary Stamp or Seal
THIS INSTRUMENT WAS DRAFTED BY:
Board of Water and Soil Resources
520 Lafayette Road
St. Paul, Minnesota 55155
aAform.a -2 (April 1997)
Page 2 of 2
(Reserved for Recording Data)
WARRANTY DEED
STATE DEED TAX DUE HEREON: $1.65
Dated:
FOR VALUABLE CONSIDERATION, U.S. HOME CORPORATION, a Delaware
corporation, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a Minnesota
municipal corporation, Grantee, real property in Dakota County, Minnesota, described as follows:
Outlots A, B, C, E and H, Summerlyn 1 St Addition, according to the
recorded plat thereof,
together with all hereditaments and appurtenances belonging thereto, subject to the following
exceptions:
A. Covenants, conditions, restrictions, declarations and easements of record, if any;
B. Reservations of minerals or mineral rights by the State of Minnesota, if any;
C. Building and zoning laws, ordinances, state and federal regulations.
THE GRANTOR CERTIFIES THAT THE GRANTOR DOES NOT KNOW OF ANY WELLS ON THE
DESCRIBED REAL PROPERTY.
The consideration for this transfer was less than $500.00.
U. S. HOME CORPORA
STATE OF MINNESOTA )
)ss.
COUNTY OF �� )
The foregoing instrum nt was acknowledged before me this ��ay of
2013, by the
of U.S. Home Corporation, a Delaware
corporation, on behalf of said corporation.
o QS11FTr r . CAROL'700HEY Notar P 1C
Notary f ublic Y
�1
State of Minnesota
My Commission Expires
January 31 + 201 7
Check here if part or all of the land is Registered (Torrens)
THIS INSTRUMENT WAS DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
651- 452 -5000
RNK/cjh
Tax Statements for the real property
described in this instrument should be sent
to (Include name and address of Grantee):
City of Lakeville
20195 Holyoke Avenue
Lakeville, Minnesota 55044
169286A 2
L lle
ow
iw
Memorandum
To: Daryl Morey, Planning Director
From: Frank Dempsey, AICP
Associate Planner
Date: March 14, 2013
Subject: Summerlyn 1st Addition Final Plat
City of Lakeville
Planning Department
INTRODUCTION
U.S. Home Corporation (DBA Lennar) has submitted an application and plans for the final plat
of Summerlyn 1st Addition. Summerlyn 1 st Addition includes 36 single family lots located west
of Highview Avenue, north of 194th Street and east of Dodd Boulevard (CSAH 9). The
preliminary plat of 139 single family lots was approved by the City Council on November 19,
2012. The lot, block and street design of the Summerlyn 1 st Addition final plat is consistent
with the approved preliminary plat. The final plat plans have been reviewed by Engineering
and Parks and Recreation staff.
EXHIBITS
A. Aerial Photo Location and Zoning Maps (2 Pages)
B. Approved Preliminary Plat
C. Final Plat and Area Sketch (2 Pages)
D. Holyoke Avenue Turn -lane Construction Plan
E. Grading and Erosion Control Plans(5 Pages)
F. Landscape Plan (2 Pages)
G. Park Dedication Graphic
PLANNING ANALYSIS
Zoning. The zoning of the property is RS -3, Single Family Residential District.
Existing Conditions. The Summerlyn 1 51 Addition final plat area consists of two metes and
bounds described parcels totaling 40 acres. The property include rolling terrain that has been
farmed with row crops for many years.
Lot Area. Single family lots within the RS -3 District are required to provide a minimum lot
area of 11,000 square feet for interior lots and 12,500 square feet for corner lots. The area of
the lots meet the minimum square footage required.
Lot Width. The minimum lot width for single - family lots within the RS -3 District is 85 feet for
interior lots and 100 feet for corner lots. All lots meet the minimum lot width requirement.
Lot Depth. The minimum lot depth for RS -3 District lots abutting major collector Holyoke
Avenue is 150 feet. All lots meet the minimum lot depth requirement. There are no lots in
this final plat that abut Dodd Boulevard (CSAH 9).
Setbacks. Setback requirements for single family lots in the RS -3 District are outlined below:
Setback 1 30' 1 10' I 20' I 30' I 50'
The proposed building pads meet the minimum setback requirements for interior, corner and
buffer yard lots.
Development Density. The Summerlyn 1 It Addition final plat consists of 36 single family lots
on 40 acres. This results in a gross density of 1.11 units per acre. The net density, excluding
road right -of -way and outlots is 3.07 units per acre over 11.74 net acres.
Phasing. The Summerlyn 1 It Addition is the first phase of five phases identified in the
Summerlyn preliminary plat phasing plan. One - hundred -three (103) single family lots remain
to be final platted in future phases.
Outlots. There are eight outlots proposed with the Summerlyn 1St Addition final plat.
Outlot A is 0.48 acres in area and will be deeded to the City for stormwater
management purposes.
Outlot B is 1.33 acres in area and will be deeded to the City for stormwater
management purposes.
Outlot C is 6.72 acres in area and will be deeded to the City as wetland preservation
and stormwater management purposes.
2
• Outlot D is 0.03 acres in area and will be retained by the developer for subdivision
monument sign purposes.
• Outlot E is 2.67 acres in area and will be deeded to the City for public park purposes.
• Outlot F is 0.87 acres in area and will be retained by the developer for future
residential development purposes.
• Outlot G is 8.65 acres in area and will be retained by the developer for future
residential development purposes.
• Outlot H - is 1.87 acres in area and will be deeded to the City for wetland preservation
and greenway corridor purposes.
Access. Summerlyn 1 Addition will have access from Hazel Nut Avenue at 194" Street on
the south side of the plat and 193rd Street at Holyoke Avenue on the east side of the plat.
Streets & Right -of -Way. Summerlyn 1 st Addition will include the construction of five local
residential streets and right -of -way dedication with turn lane improvements for Holoyke
Avenue, a major collector.
193rd Street will be a 32 foot wide street within 60 feet of right -of -way that connects to
Holyoke Avenue. A five foot wide concrete sidewalk will be constructed on the north side of
the street.
Huntington Avenue will be a 32 foot wide street within 60 feet of right -of -way. A five foot wide
concrete sidewalk will be constructed on the east and south sides of the street. Private
driveway access for Lot 7, Block 4 and Lots 1 and 9, Block 5 shall be permitted onto
Huntington Avenue only.
HillcrestAvenue will be a 32 foot wide street within 60 feet of right -of -way. A five foot wide
concrete sidewalk will be constructed on the north and west sides of the street.
Hudson Court will be a 32 foot wide street within 60 feet of right -of -way.
Hazel NutAvenue will be a 32 foot wide street within 60 feet of right -of -way that will connect
to 194th Street. A five foot concrete sidewalk will be constructed on the west side of the
street.
Trails. The Summerlyn 1 st Additional final plat includes the construction of a 10 foot wide
pedestrian trail along the west side of Holyoke Avenue between 194th Street and 193 Street.
Future bituminous trails will be constructed north of 193rd Street and through the greenway
corridors in Outlots C and E, consistent with the City's Parks, Trails and Open Space Plan.
Landscape Plan. Summerlyn 1 st Addition is adjacent to Holyoke Avenue, a major collector
roadway. The final plat includes the installation of 40 new trees which will act as a buffer
along Holyoke Avenue. The topography from the street to the grade elevation behind the
homes drops from between four and 14 feet for the lots adjacent to Holyoke Avenue. A
3
staggered row of eight foot tall Black Hills Spruce and Scotch Pine trees in addition to
Northwood Maple shade trees will be installed adjacent to Holyoke Avenue. A $13,750
security is required to guarantee installation of the buffer yard landscaping. The landscape
buffer is consistent with the landscape plan approved with the Summerlyn preliminary plat.
In addition, a $1,000 per lot escrow is required with each building permit for the five lots
abutting Holyoke Avenue for the installation of sod in the rear yards to the edge of the trail on
the west side of Holyoke Avenue.
Park Dedication. Outlot E will include the first phase park dedication of 2.67 acres (33.17 %)
of the proposed 8.05 acres of total park area that is required to be dedicated with the
Summerlyn development. The developer will dedicate additional park land and pay a cash
fee to satisfy the park dedication requirement with future Summerlyn development phases.
Tree Preservation. The Summerlyn preliminary plat tree preservation plan identified 91
significant trees within the boundaries of the site. All the trees will be removed with the
grading of the Summerlyn project as approved with the preliminary plat.
Wetlands. Wetlands were identified within the area of the Summerlyn preliminary plat
through a wetland delineation report dated June 18, 2012. Wetlands are discussed in more
detail in the March 14, 2013 engineering memo.
Grading, Drainage and Erosion Control. The final plat includes grading, drainage and
erosion control plans. Grading, drainage and erosion control is discussed in more detail in the
March 14, 2013 engineering report.
Subdivision Identification Sign. The developer proposes the installation of a subdivision
identification sign within this final plat. The sign will be located within Outlot D adjacent to
the Hazel Nut Avenue entrance off of 194th Street. The 0.03 acre outlot will be owned and
maintained by the Summerlyn homeowner's association. A sign permit must be approved by
the City prior to the installation of the subdivision identification sign.
RECOMMENDATION
The Summerlyn 1 It Addition final plat is consistent with the approved preliminary plat and
complies with the requirements of the Zoning and Subdivision Ordinances. Planning
Department staff recommends approval of the Summerlyn 1 It Addition final plat subject to
the following conditions:
1. The recommendations listed in the March 14, 2013 engineering report.
2. Outlots A, B, C, E and H shall be deeded to the City with the Summerlyn 1 It Addition final
plat.
19
3. Private driveway access for Lot 7, Block 4 and Lots 1 and 9, Block 5 shall be permitted onto
Huntington Avenue only.
4. Five foot wide concrete sidewalks shall be constructed at the developer's expense as
shown on the approved final plat plans.
5. An eight foot wide bituminous trail shall be constructed on the west side of Holyoke
Avenue between 193rd Street and 194 Street as shown on the approved final plat plans.
The developer is responsible for 5 /8ths of the cost of this trail.
6. Landscaping shall be installed consistent with the approved landscape plan. A security in
the amount of $13,750 shall be submitted to guarantee installation of the approved
landscaping.
7. A $1,000 per lot escrow is required with each single family home building permit for the
five lots abutting Holyoke Avenue for installation of sod in the rear yards to the trail to be
constructed along Holyoke Avenue.
8. A homeowners association shall be responsible for ownership and maintenance of the
subdivision monument sign. A sign permit is required to be issued by the City prior to
installation of the subdivision monument sign at the Hazel Nut Avenue entrance.
cc: Zach Johnson, City Engineer
Joel Jablonski, U.S Homes Corporation
Nick Polta, Pioneer Engineering
Dakota County, MN
I II
Jill
6--
. a
A
--- --- ---- It --- --- --- --- Surnmerlyn
Surricnerlyn First Addition.
Final Plat
Future
Phases
IA
7
P r
. . .... ..
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a Map Scale
legal document and should not be substituted for a title search, appraisal, survey, or for zoning 1 inch = 504 feet
verification. Dakota County assumes no legal responsibility for the information contained in this data. 3/13/2013
EXHIBIT A
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Lakeville
Memorandum
City of Lakeville
Public Works- Engineering Division
To:
Frank Dempsey, Associate Planner
From:
Tom Kellogg, WSB & Associates
Stormwater treatment basin; to be deeded to the City
Mac Cafferty, Environmental Resources Manager
Copy:
Zachary V. Johnson, City Engineer
Gene Abbott, Building Official
deeded to the City
Dennis Feller, Finance Director
Outlot D:
Brett Altergott, Parks and Recreation Director
Date:
March 14, 2013
Subject:
Summerlyn 1st Addition
Outlot F:
• Final Plat Review
• Erosion Control Plan Review
the Developer
• Grading Plan Review
• Utility Plan Review
BACKGROUND
Lennar Corporation has submitted a final plat named Summerlyn 1st Addition. This is the first
phase of the Summerlyn Preliminary Plat approved by the City Council on November 19, 2012.
The subdivision is located west of and adjacent to Holyoke Avenue, east of Dodd Boulevard
(CSAH 9), north of and adjacent to 194th Street and south of 190th Street. The parent parcels
consist of two metes and bound parcels. Both parcels are zoned RS -3, Single Family Residential
District.
The final plat consists of thirty -six (36) single - family lots and eight (8) outlots on 40.00 acres. The
Developer is dedicating 1.65 acres for Holyoke Avenue right -of -way. The outlots created, shown
on the final plat, will have the following uses:
Outlot A:
Stormwater treatment basin; to be deeded to the City
(0.48 acres)
Outlot B:
Stormwater treatment basin; to be deeded to the City
(1.33 acres)
Outlot C:
Stormwater treatment basin and wetland complex; to be
deeded to the City
(6.72 acres)
Outlot D:
Subdivision monumentation; to be retained by the Developer
(0.03 acres)
Outlot E:
Park land; to be deeded to the City
(2.67 acres)
Outlot F:
Future residential development; to be retained by
the Developer
(0.87 acres)
SUMMERLYN 1 n ADDITION
MARCH 14, 2013
PAGE 2 OF 11
Outlot G: Future residential development; to be retained by the
Developer
Outlot H: Wetland complex and greenway corridor; to be deeded to
the City
The proposed development will be completed by:
Developer: US Home Corporation d /b /a Lennar
Engineer /Surveyor: Pioneer Engineering
SITE CONDITIONS
(8.65 acres)
(1.87 acres)
The Summerlyn 1St Addition site is undeveloped agricultural land with a few tree cluster areas.
There is a delineated wetland along the south plat boundary that extends north through the
middle of the site. The land generally slopes from the north to the south with moderate to steep
slopes.
STREET AND SUBDIVISION LAYOUT
Holyoke Avenue
Summerlyn 1 Addition is west of and adjacent to Holyoke Avenue, a major collector roadway
and future parkway as identified in the City's Transportation Plan. The Developer is dedicating
right -of -way as part of Summerlyn 1 St Addition which will satisfy the right -of -way requirement.
Development of Summerlyn 1St Addition includes the construction of a right turn lane for
southbound traffic on Holyoke Avenue at 193rd Street. The developer is responsible for the costs
of the turn lane improvements to Holyoke Avenue.
A cash fee for the future upgrade of Holyoke Avenue will be collected with the final plat for the
length of the plat being final platted into lots and blocks adjacent to Holyoke Avenue. The fee is
calculated as follows:
1070.96 f.f. x $72.00/ f.f. = $ 77,109.12
Front Footage Along Holyoke Avenue Holyoke Avenue Assessment Rate Total
The City's current Capital Improvement Plan does not include improvements to Holyoke Avenue
at this location.
194' Street
Summerlyn 1St Addition is north of and adjacent to 194th Street, a major collector roadway as
identified in the City's Transportation Plan. 194th Street is constructed as a 44 -foot wide, two -
lane urban street with 8 -foot wide bituminous trails along both sides. No additional right -of -way
dedication or cash fee for future upgrade of 194' Street is required.
SUMMERLYN 1
MARCH 14, 2013
PAGE 3 OF 11
Hazel Nut Avenue
Development of Summerlyn 1St Addition includes the construction of Hazel Nut Avenue, a local
street. Hazel Nut Avenue is designed as a 32 -foot wide, two -lane urban street with a 5 -foot
concrete sidewalk along the west side. The Developer is dedicating 60 feet of right -of -way.
Because Hazel Nut Avenue is a short segment and entry point into the subdivision from 194th
Street, no driveway access shall be permitted on Hazel Nut Avenue from 194th Street to
Huntington Avenue.
193rd Street
Development of Summerlyn 1st Addition includes the construction of the westerly leg of 193rd
Street, a local street. 193 Street is designed as a 32 -foot wide, two -lane urban street with a 5-
foot concrete sidewalk along the north side. The Developer is dedicating 60 feet of right -of -way.
Because 193rd Street is an entry point into the subdivision from Holyoke Avenue, no driveway
access shall be permitted on 193rd Street for the short segment from Holyoke Avenue to
Huntington Avenue.
Huntington Avenue
Development of Summerlyn 1 st Addition includes the construction of Huntington Avenue, a local
street. Huntington Avenue is designed as a 32 -foot wide, two -lane urban street with a 5 -foot
concrete sidewalk along one side. The Developer is dedicating 60 feet of right -of -way. A "Future
Street Extension" sign and barricades must be placed at the north end of Huntington Avenue
until the street is extended in the future.
Hillcrest Avenue
Development of Summerlyn 1 st Addition includes the construction of Hillcrest Avenue, a local
street. Hillcrest Avenue is designed as a 32 -foot wide, two -lane urban street with a 5 -foot
concrete sidewalk along the west side. The Developer is dedicating 60 feet of right -of -way. A
"Future Street Extension" sign and barricades must be placed at the north and south ends of
Hillcrest Avenue until the street is extended in the future.
Hudson Court
Development of Summerlyn 1st Addition includes the construction of Hudson Court, a local cul-
de -sac street. Hudson Court is designed as a 32 -foot wide, two -lane urban street with a 45 -foot
radius at the cul -de -sac. The Developer is dedicating 60 feet of right -of -way.
The City reserves the right to increase the street sections at the time of construction based upon
site conditions. Building permits, except for model home permits as allowed by the zoning
ordinance, for Summerlyn 1 st Addition shall not be issued until the concrete curb and gutter and
bituminous base pavement have been installed.
CONSTRUCTION ACCESS
Construction access and egress for grading, public utility installation and street construction
shall be off of 194th Street at Hazel Nut Avenue.
SUMMERLYN 1 n ADDITION
MARCH 14, 2013
PAGE 4 OF 11
PARKS AND TRAILS
The City's Parks, Trails and Open Space Plan designates the proposed plat area as the location for
a park as well as a greenway corridor trail adjacent to the wetland that bisects the plat. The park
area is contiguous to land that was previously deeded to the City for park area with the Donnelly
Farm development. The Park Dedication requirement has not been collected on the parent
parcels and will be satisfied through a combination of land dedication and cash contribution
that will be paid with the final plat based on the Park Dedication Fee in effect at the time of final
plat.
The gross density of the Summerlyn preliminary plat is 1.85 lots /acre (139 proposed lots/75.33
acres). The land dedication requirement for subdivisions with a gross density less than 3.0
lots /acre is 12 %. The land dedication and cash contribution requirements are estimated as
follows:
Gross Area of Summerlyn Preliminary Plat 75.33 Acres
Less Area of Delineated Wetlands H6.63 Acres
Less Area of Dodd Blvd. R/W Dedication H1.63 Acres
Total Buildable Area 67.07 Acres
Land Dedication Requirement (12 %) 8.05 Acres
The Developer will dedicate 2.67 acres as park area in Outlot E, and shall receive park area credits
for this dedication. This area satisfies 33.17% (2.67 acres /8.05 acres) of the land dedication
requirement. The remaining balance of the Park Dedication will be collected with future final
plat phases.
Development of Summerlyn 1 Addition includes the construction of public bituminous trails
and public concrete sidewalks. Concrete sidewalks will be constructed along one side of all local
streets except for the cul -de -sac Hudson Court and along Hillcrest Avenue southwest of
Huntington Avenue where the sidewalk will be constructed along both sides of the roadway. All
sidewalks will be constructed at 100% developer cost. A bituminous trail will be constructed
along the west side of Holyoke Avenue between 194th Street and 193rd Street. Future bituminous
trails will be constructed north of 193 Street and through the greenway corridors in Outlots C
and E, consistent with the City's Parks, Trails and Open Space Plan. The Developer is responsible
for 100% of grading and restoration for the bituminous trails. The Developer shall pay a cash
escrow for the Developer's 5 /8th portion of the trail construction cost for the future trail north of
193 Street, consistent with City policy. The escrow will be based on an estimate provided by
the Developer's engineer and will be applied to the Summerlyn 1 SL Addition final plat cash fees.
Holyoke Avenue trail north of 193rd Street construction cash fee is calculated as follows:
$2,755.00 x 5/8 = $1,721.88
SUMMERLYN 1 sT ADDITION
MARCH 14, 2013
PAGE 5 OF 11
Total Estimated Cost Developer's Trail Total
for Trail Construction Along Holyoke Avenue Cost Portion
North of 193` Street
The developer shall receive a credit for the Holyoke Avenue trail between 194th Street and 193rd
Street Construction Credit is calculated as follows:
$19,456.00 x 3/8 = $7,296.00
Total Estimated Cost City's Trail Total
for Trail Construction Cost Portion
Along Holyoke Avenue
From 194th Street to 193` Street
The balance due the City for park dedication and trail improvements is calculated as follows:
Holyoke Ave. future trail Improvements north of 193rd Street $ 1,721.88
Less credit for Holyoke Ave. trail improvements between 194th
and 195t Streets ( -) $ 7,296.00
Balance = ($5,574.12)
UTILITIES
SANITARY SEWER
Summerlyn 1ST Addition is located within subdistrict ML -70160 of the Marion Lake sanitary sewer
district as identified in the City's Comprehensive Sanitary Sewer Plan. Wastewater will be
conveyed via existing public sanitary sewer to the MCES Lakeville /Farmington Interceptor and
continue to the Empire Wastewater Treatment Facility. The existing City -owned downstream
facilities have sufficient capacity to serve the residential development.
Development of Summerlyn 1St Addition includes public sanitary sewer construction. 8 -inch sanitary
sewer will be extended within the subdivision from existing sanitary sewer stubs to provide service
to the lots. All sanitary sewer on Huntington Avenue shall be constructed at the minimum
allowable grade (0.40 %) to maximize the service area to the north.
The Sanitary Sewer Trunk Area Charge was previously assessed to the parent parcels and has
been paid and therefore there is no sewer availability charge.
WATERMAIN
Development of Summerlyn includes public watermain construction. 8 -inch watermain will be
extended within the subdivision from existing watermain stubs to provide service to the lots.
Final locations and sizes of all sanitary sewer and watermain facilities will be reviewed by City
staff with the final construction plans. In association with MnOPS requirements, utility hook -ups
SUMMERLYN 1 ST ADDITION
MARCH 14, 2013
PAGE 6 OF 11
for buildings within Summerlyn 1 Addition will not be permitted until the as -built electronic files
have been submitted and approved by City staff.
DRAINAGE AND GRADING
The final plat of Summerlyn 1St Addition lies within Subdistricts SC -63, SC -64, SC -65 and SC -67 of
the South Creek Drainage District, as identified in the City's Water Resources Management Plan.
Development of Summerlyn 1 Addition includes the construction of public stormwater basins and
restoring the wetland areas in the second phase along the south parcel boundary to collect and treat
the stormwater runoff generated from the site. The stormwater basins will provide water quality
treatment, skimming and rate control of the stormwater runoff generated within the Summerlyn 1St
Addition subdivision. The public basins will be located within Outlots A, B, and C (to be deeded to
the City with the final plat).
An analysis of the hydrologic and hydraulic effects of the Donnelly Farm and Crescent Ridge
developments (located south of and east of Summerlyn 1 51 Addition) led to revisions to the
subject subdistricts. The revisions to the existing and proposed land use conditions are
identified in the July 30, 2004 letter from Barr Engineering.
The final grading plan must identify all fill lots in which the building footings will be placed on fill
material. The grading specifications must indicate that all embankments meet FHA /HUD 79G
specifications. The Developer shall certify to the City that all lots with building footings placed
on fill material are appropriately constructed. Building permits will not be issued until a soils
observation and testing report has been submitted to the Building Official and an as -built
certified grading plan, including the buffer yard berms along Holyoke Avenue have been
submitted and approved by City staff. Any grading or temporary turn - around construction north
of the plat boundary will require easements from the adjacent property owner prior to
construction.
A National Pollution Discharge Elimination System General Stormwater Permit for construction
activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre
being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be
submitted to the City upon receipt from the MPCA.
STORM SEWER
Development of Summerlyn 1St Addition includes public storm sewer construction. Storm sewer
will be installed within the subdivision to collect and convey stormwater runoff generated from
within the public right -of -way and lots to the public stormwater basins located in Outlots A, B,
and C.
SUMMERLYN 1
MARCH 14, 2013
PAGE 7 OF 11
Draintile construction is required in areas of non - granular soils within Summerlyn 1 Addition for
the street sub -cuts and lots. Any additional draintile construction, including perimeter draintile
required for building footings, which is deemed necessary during construction shall be the
Developer's responsibility to install and finance.
The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and will be
paid with the final plat at the current rate in effect at the time of final plat. The Trunk Storm
Sewer Area Charge is calculated as follows:
Gross Area of Summerlyn 1st Addition
Less Area of Outlot A (Public Stormwater Basins)
Less Area of Outlot B (Public Stormwater Basins)
Less Area of Outlot C (Public Stormwater Basins)
Less Area of Outlot E (Public Parkland)
Less Area of Outlot F (Future Residential Development)
Less Area of Outlot G (Future Residential Development)
Less Area of Outlot H (Wetland Complex)
Less Area of Holyoke Avenue Right -of -Way
Total
686,686 s.f. x $0.167/s.f. = $114,676.56
Net Area of Summerlyn V Addition Area Charge Total
1,742,295 s.f.
(-) 20,778 s.f.
(-) 57,967 s.f.
(-) 292,843 s.f.
(-) 116,473 s.f.
(-) 37,813 s.f.
( -) 376,691 s.f.
(-) 81,290 s.f.
(-) 71,754 s.f.
= 686,686 s.f.
The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding Outlots A,
B, C and H to the City, consistent with City policy. The credit is based on the area of the outlots,
and is calculated at the rate of $5,500.00 per acre, and will be applied to the Summerlyn 1st
Addition final plat cash fees. The credit is calculated as follows:
10.40 acres x =
$5,500 /acre $57,200.00
Total Area of Outlots A, B, C Per Acre Credit Total
&H
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
WETLANDS
The wetland delineation for the site was conducted on May 9, 2012 by Arrowhead
Environmental Consulting. One wetland was identified within the project boundaries. The
majority of the wetland was cropland. The site was reviewed in the field by staff. The wetland
SUMMERLYN 1�'ADDITION
MARCH 14, 2013
PAGE 8 OF 11
delineation was noticed and no comments were received. The delineated boundaries as
presented in the wetland delineation report dated June 18, 2012 are accurate and acceptable for
use in implementing the Wetland Conservation Act. The wetland delineation was approved July
19, 2012.
A Technical Evaluation Panel was requested by the developer to discuss potential restoration
opportunities and water quality enhancements on the property. The meeting was held on
September 13, 2012 with representatives from Lennar, Pioneer Engineering, BWSR, Dakota
County SWCD, Vermillion River Watershed and USACE. TEP members were in support of the
restoration of the wetland and felt it would not only benefit the wetland but downstream South
Creek.
The developer is also looking into the possibility of banking any wetland credits that would
result from restoring or creating additional wetland on the site. Wetland banking and
replacement plan process will be separate from the plat. There will be no impacts to wetlands
prior to a final wetland replacement plan or banking application being completed.
TREE PRESERVATION
A tree preservation plan has been submitted. The plan shows a total of 91 significant trees
within the site. The majority of the trees are on the site are Box Elder and Green Ash along
agriculture ditches. All trees on the site are proposed to be removed for the grading of the site.
EROSION CONTROL
The erosion control plan was reviewed and includes the following:
• Rock construction entrance are shown on the plan sheets and included in the erosion
control notes.
• A seed /mulch specification that meets City requirements.
• All 3:1 slopes will be seeded and stabilized with fiber blanket.
• Stormwater treatment areas will be graded first.
• Silt fence will be installed to protect offsite areas from sediment transport.
• Installation of erosion control at street curbs after utilities are installed.
• Erosion control blanket is shown on all pond slopes.
• Streets must be cleared of debris at the end of each day.
• Pond Maintenance: A maintenance schedule for the first 2 years must be included in
the plans. This must include mowing 2 to 3 times, 30 days apart during the first year
with the mower deck about 6 -8" off the ground. The second year, the pond areas
must be mowed once before weeds set their seeds. This will reduce weed
establishment and help stimulate the desirable vegetation. This will cut down on
maintenance in the long -term.
• Inlet protection is identified on the plans.
• Temporary checks and erosion control blanket are shown in swales and ditches.
SUMMERLYN 1 n ADDITION
MARCH 14, 2013
PAGE 9 OF 11
Additional erosion control measures may be required during construction as deemed
necessary by City staff or the Dakota County Soil and Water District. Additional measures
shall be installed and maintained by the developer.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer - installed
improvements relating to Summerlyn 1 Addition. Construction costs are based upon
estimates submitted by the Developer's engineer on February 12, 2013.
CONSTRUCTION COSTS
Sanitary Sewer
Watermain
Storm Sewer
Street Construction
Erosion Control, Stormwater and Filtration Basins,
Restoration, Grading and Grading Certification
SUBTOTAL - CONSTRUCTION COSTS
OTHER COSTS
Developer's Design (6.0 %)
Developer's Construction Survey (2.5 %)
City's Legal Expense (0.5 %)
City Construction Observation (7.0 %)
Developer's Record Drawing (0.5 %)
Wetland Restoration
Landscaping
Street Lights
Lot Corners /Iron Monuments
SUBTOTAL - OTHER COSTS
$ 149,901.75
226,947.50
325,502.50
484,009.60
1,067,413.50
$ 2,253,774.85
$ 135,226.49
56,344.37
11,268.87
157,764.24
11,268.87
5,000.00
13,750.00
10,500.00
4,400.00
$ 405,522.84
TOTAL PROJECT SECURITY $ 2,659,297.69
The street light security totals $10,500.00 which consists of two mast -arm street lights at
$1,200.00 each and nine post -top street lights at $900.00 each.
The Developer shall post a security to ensure the final placement of iron monuments at
property corners with the final plat. The security is $100.00 per lot /outlot for a total of
$4,400.00. The City shall hold this security until the Developer's land surveyor certifies that
all irons have been placed following site grading, utility and street construction.
SUMMERLYN 1
MARCH 14, 2013
PAGE 10 OF 11
CASH FEES
The cash fee for traffic control signs is $2,950.00 which includes five street /stop combination
signs and twelve 9- button delineator signs. If the street posts are installed in frost
conditions, the Developer will pay an additional $150.00 at each street post location.
A cash fee for one -year of streetlight operating expenses will be paid with the final plat and is
calculated as follows:
36 units x $7.80 /unit /qtr. x 4 gtrs. = $ 1,123.20
Dwelling Units Streetlight Operating Fee Total
A cash fee for one -year of surface water management expenses will be paid with the final
plat and is calculated as follows:
36 units x $7.00 /unit /qtr. x 4 gtrs. = $ 1,008.00
Dwelling Units Surface Water Management Fee Total
A cash fee for the preparation of record construction drawings and for upgrading the City
base map will be paid with the final plat and is calculated as follows:
44 lots x $75.00 /unit = $ 3,300.00
Lots /Outlots City Base Map Updating Fee Total
The Developer must submit the final plat and construction drawings in an electronic format.
The electronic format must be either a .dwg file (AutoCAD) or a Axf file. The Developer must
also pay a cash fee for City Engineering Administration. The fee for City Engineering
Administration will be based on three percent (3.00 %) of the estimated construction cost, or
$67,613.25.
CASH REQUIREMENTS
Future Upgrade of Holyoke Avenue
Holyoke Ave. Future Trail Improvements North of 193r Street
Trunk Storm Sewer Area Charge
Traffic Control Signs
Streetlight Operating Fee
Surface Water Management Fee
City Base Map Updating Fee
City Engineering Administration (3.00 %)
SUBTOTAL - CASH REQUIREMENTS
$ 77,109.12
1,721.88
114,676.56
2,950.00
1,123.20
1008.00
3,300.00
67,613.25
$269,502.01
SUMMERLYN 1 ST ADDITION
MARCH 14, 2013
PAGE 11 OF 11
CREDITS TO THE CASH REQUIREMENTS
Holyoke Avenue Trail Construction From 194th Street to 193r Street
Outlots A, B, C and H (Deeded to the City)
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS
TOTAL CASH REQUIREMENTS
RECOMMENDATION
$7,296.00
57,200.00
$64,496.00
$205,006.01
Engineering recommends approval of the final plat, grading plan, utility plan, erosion control
plan and tree preservation plan for Summerlyn 1 51 Addition, subject to the requirements and
stipulations within this report and the following:
The sanitary sewer design on Huntington Avenue shall be revised so all sanitary sewer
along this alignment is at the minimum grade (0.40 %) to maximize the service area to
the north.